Legal Opinion
Fasolas v. Bobcat of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2017No. 2013-06118PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Leventhal, J.
Twenty-eight-year-old Elias Fasolas (hereinafter the decedent) was operating a Bobcat S175 skid-steer loader with a bucket attachment when a nine-foot-tall tree entered the open operator cab, crushing him against the rear and ceiling of the cab and killing him. The decedent had rented the loader from Port Jefferson Rental Center, Inc., doing business as Taylor Rental Center (hereinafter Taylor). Bobcat Company had manufactured the loader, and Bobcat of Long Island, Inc. (hereinafter together the Bobcat defendants), had sold it to Taylor. In this action…
2Cases cited18 opinions
- In re AhoNew York Court of Appeals · 1976
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
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3Cited by2 opinions
- Coscia v. El JamalAppellate Division of the Supreme Court of the State of New York · 2017
- Sofia Fasolas v. Bobcat of New York, IncNew York Court of Appeals · 2019